Mumbai, February 23, 2024 – The Additional Sessions Court in Mumbai has rejected the bail application of Muzammil alias Jishan Waris Khan, who was accused in an attempted murder case registered under Chunabhatti Police Station’s C.R. No. 448/2023. The accused had sought bail under Section 439 of the Criminal Procedure Code, 1973, but the court refused the plea citing the gravity of the offense and the accused’s criminal history.
The Allegations and Prosecution’s Stand
According to the prosecution, the incident occurred on October 15, 2023, at approximately 12:30 PM in Qureshi Nagar. The complainant, Illias Kamil Qureshi, was allegedly attacked by the accused and his accomplices. Jishan Khan is accused of slashing the complainant’s neck with a razor, while co-accused Sameer and Sabir Qureshi inflicted additional injuries using knives and blades. The prosecution argued that the attack was an attempt to murder the complainant and was carried out with deadly weapons.
The investigating officer opposed the bail application, stating that Khan had a history of criminal activity, with eight prior cases registered against him at Chunabhatti Police Station. Furthermore, he had been externed from Mumbai but allegedly continued his criminal activities. The prosecution also noted that Khan attempted to flee to Gujarat after the crime and could potentially intimidate witnesses if released on bail.
Defense Arguments and Court’s Observations
Khan’s defense, led by Advocate Misbaah Solkar, contended that he had been falsely implicated and that the charge of attempted murder under Section 307 IPC was not applicable. The defense also pointed out that two co-accused, Sameer and Nasir Qureshi, had been granted bail and argued for parity.
However, the court observed that the role of the present accused differed significantly from that of the co-accused. The charge sheet and witness statements, including that of Gaus Qureshi, corroborated the complainant’s version of events. The court noted that the accused had used a razor to inflict a blow on the complainant’s neck, a clear indication of an intent to cause grievous harm or death. Additionally, the prosecution had recovered the weapon used in the attack from Khan.
Court’s Verdict
Considering the severity of the offense, the accused’s prior criminal record, and the risk of witness intimidation, the court ruled that Khan was not entitled to bail. In its order, the court stated:
“The applicant/accused used a deadly weapon to attack the informant, and there is sufficient material to indicate his involvement in the crime. Granting bail in such a case would not be in the interest of justice.”
Thus, Bail Application No. 326 of 2024 was rejected by the Additional Sessions Judge, Shri A.S. Salgar.
Legal Implications and Next Steps
The rejection of bail in this case underscores the judiciary’s firm stance against violent crimes and habitual offenders. Legal experts suggest that Khan’s defense team may approach a higher court for bail relief. Meanwhile, the trial in the case is expected to proceed in due course, with the prosecution preparing to present further evidence.
The case highlights the growing concerns around gang-related violence in Mumbai and the legal system’s commitment to ensuring justice for victims of violent crimes. As the trial progresses, all eyes will be on the courtroom to see how the case unfolds.